The Diversion and Closure of Public Paths

As highway authority, Rotherham Borough Council may make legal orders to extinguish (stop-up or close) or divert paths. The procedures which have to be followed are designed to ensure that the public are made aware of the proposed change, and that anyone who wishes to state their views has an opportunity to do so before a final decision is made.

It is an offence to physically divert or close a path, even temporarily, without lawful authority and anyone who does so runs the risk of having legal action being taken against them. The highway authority may take action to reinstate the path and recover the costs from the individual(s) responsible.

The only course of action open to anyone who wants to realign a right of way is to seek the legal closure or diversion of the public rights.

Proposals to change the network can arise from applications or requests made to the local authority from members of the public, path users, farmers, or landowners or the authority itself may propose to make a change.

Other people's reaction to a proposed change will often depend on how they see there own interests being affected. Peoples' attitudes may also be influenced by past events on the path or elsewhere. In such instances it is more likely to be difficult to achieve agreement to any formal proposal to divert or close a path.

Public rights of way may also be closed or diverted temporarily, to allow works to take place either on or beside a public right of way which would endanger public safety. Temporary Closure Orders are made by the highway authority.

A booklet has been produced detailing the changes to the rights of way network which have occurred during 2005. The booklet can be obtained from the  Assistant Rights of Way Officer.

 Temporary Path Closures

 Permanent Diversion and Closure of Public Paths

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